Responsa for Bava Batra 94:3
מאי קמ"ל תנינא לקח מסיקריקון וחזר ולקח מבעל הבית מקחו בטל
we accept the proof and confirm their title to the land.<span class="x" onmousemove="('comment',' This is an obvious statement, only made to lead up to what follows. ');"><sup>5</sup></span> If, however, a robber adduces proof.<span class="x" onmousemove="('comment',' E.g.. witnesses who testify that he bought the land or that the original owner admitted as much, but not that he handed over the money. ');"><sup>6</sup></span>
Teshuvot Maharam
Q. A, the oldest brother in the family, who is in possession of his father's land, claims to have received it as a gift from him. He says that he was in undisturbed possession of it for many years before his father's death and for many years thereafter. Now his brothers want a share of the land. The local court decided in A's favor.
A. Since his brothers were young when their father died, A cannot claim undisturbed possession as proof of ownership for the period since his father's death, and must furnish documentary proof or witnesses to the effect that he enjoyed undisturbed possession for three years before his father's death.
SOURCES: Pr. 119; cf. Asheri, Sanhedrin 3, 37.
A. Since his brothers were young when their father died, A cannot claim undisturbed possession as proof of ownership for the period since his father's death, and must furnish documentary proof or witnesses to the effect that he enjoyed undisturbed possession for three years before his father's death.
SOURCES: Pr. 119; cf. Asheri, Sanhedrin 3, 37.
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